USPTO Allowances and Abandonments

by Dennis Crouch

The chart below shows the number of applications abandoned and allowed each month for the past several years. These include utility, plant, and reissue applications – although the results are overwhelmed by the utility applications.  As you can see, the number of allowances has gone up and the number of abandonments has gone down. [Update: I smoothed the data with a six-month moving average rather than simply reporting month-to-month.]

103 thoughts on “USPTO Allowances and Abandonments

  1. 103

    Wish there could be a well-designed data-mining project on these issued patents… I am curious whether we can prove the impact of royalty stacking.

  2. 102

    If the mega-wealthy gulf states had a patent system, no doubt that they would be prospering economically even more.

  3. 101

    We need to remember that an abandonment is not an abandonment it is the theft of and intellectual property being allowed by our pagan patent system. Its actually the in ability to proceed by the indegent inventor who is unable to attract investors and therefor R+D and startup professionals. Twenty Years uspto protection from infringment needs to apply in these circumstances or the incentive to create is destroyed. The correct term is not abandonment but unable to proceed due to indegency and needs corection badley and ignored in previous reform. The majority of applications are correctly abandoned due to the unmarketabliity of the concepton

  4. 100

    No not quite lovah parent conceptions increase jobs revenues esports inovation and growth. Related subinvention also does that but without the parent the children wont hapen as is occuring now since 2004 and accellerated by the corrupt AIA

  5. 99

    The post is replete with Maolcolm oddities.

    So why the dissembling Malcolm, you know, the attempt at concealment?

  6. 98

    @Not Jiggy: Please provide objective factual evidence that there is NO correlation between patents, GDP, economic growth, etc.

    You cannot do it.

    Patents = increasing technological innovation + more jobs + economic growth.

  7. 97

    Ive created the top 20000 patents since 1953 and paid nothing so far now there is ingrates

  8. 96

    Well the US recently has essentially chucked the system of marketable top inventions with the retartive AIA the big business encumbants are unchallednged and everything new is stiffled

  9. 95

    Without legislated indegent inventor protection our pagan primative patent system will allow the greedy murdering of the worlds most precious resource our master inventor. Uspto patent payment collection and enforcement are also nessary for large scale inventors and disallowing violent robbing discredible people from filing is critical to insuring safety of people involved with master concievers

  10. 94

    “You want to throw down bro?”

    Lulz. I get PAID to school examiners out of their BUI nonsense.

    Feel free to send me a check, d!psh!t.

  11. 93

    LOL

    Check out link to patentdocs.org

    for the latest installment of Malcolm’s accuse others of that which he does.

    There is a bonus beatdown of Malcolm’s sxckie by Preacher Guttag too.

    Way to keep it real Malcolm.

  12. 92

    LOL

    gee, perhaps your obsession with me is one reason you feel just a bit creeped out.

    Perhaps you can use that archiving skill of yours and see who it is in particular that you respond to (as opposed to the likes of Malcolm – hence the badly shot arrow references).

    Yeah, there is “creepy” alright, just not the way you might have thought.

  13. 90

    What are the chances that “da judge” is the same backwards guy as “them’s the facts”?

    Leopold, are you moonlighting again?

  14. 89

    The U.S. Patent Office is hyper-competent and super-efficient doing patent stuff. This is why America has the best, most productive and technologically advanced economy in the world. More patents = more technological innovation + more jobs + more economic growth and wealth for America.

  15. 88

    Just as a reminder, the backlog is now under 600k, down from a peak of about 750k. You’re welcome, ingrates.

    If only the rest of the government worked as well as the PTO.

  16. 87

    You think you’re getting fewer RCEs now, wait till you see the effect of the new RCE fees. Combined with the higher appeal fees, the ginormous appeal backlog, and the RCE continuing-new-tab graveyard, applicants are left with few options other than “hurry up, get a claim, any claim, and then file a continuation”.

  17. 86

    “If speaking English causes heart disease, you’ll be with us for a long time. Not that you were at risk for ailments of the heart to begin with.”

    LOL. Point, set, match.

  18. 85

    You want to throw down bro? 10 randomly selected claims (each of us select 5 at random), we each provide a contruction for each claim under different names, the crowd judges if they want to, we reveal who is who behind the assumed name, winner gloats like a mo. Only recognized names get to vote, so no sock puppetry.

    You in?

  19. 84

    Dennis how come we dont have any statistics about recent inventions leading to new jobs numbers pretty dismal Ill bet

  20. 83

    Ianie thats what congress just did in the AIA they shut down the patent system with 10 more methods to cheat the inventor to add to the 40 that already existed. They even took out the conciever as the inventor.

  21. 82

    Ya the patent systems are the engine of free market capitolism except they could be massively better except the legislators wont listen.

  22. 81

    The patent system needs allot of work to make it progressive instead of retartive its a wonder weve gotten this far with it the way it is.

  23. 80

    Yes there should be a global office and congress should have gone with my 15 methods of insuring inventorship determination accuracy instead of going with the regressive thieves plan thats not working obviously.Wealth creation is just an email away for those intellegent enough to send it through see my website at http://www.inventingconsultant creator.net PS we will have to adress the patent office corruption issues to get a usable system

  24. 79

    No Chinas and Russias future growth is tied directly to the IP they recieve or espionage from me I am trying to sell them now so it will be slim pickens.

  25. 78

    Romans and greeks had nothing but sticks and stones. They are grubs and snakes as a staple diet and had no conception of anything else as a human food source until my great great grandfather invented bread the gristmill and drag cultivators for cultivation 1819. Thats all there was until I was bornin 1953 now look at what ive done

  26. 77

    All invention occurs in the US so foreign countries dont matter except getting patents in them is near impossible. They want to say they concieved it and dont want foreigners awarded any so the incentive to create is destroyed again.

  27. 76

    Because legislators have not improved our patent system from its pagen primative state it is now shutting down of significant invention just trash invention now. They also havent funded top invention concievers so now the pipeline is empty and they have squandered 750000000 on economic stimulious that stimulated only teachers pocketbooks temporatily. Then this year the 1 billion nsf fund was given to vulture capitolists so nothing will come of that either.

  28. 75

    Horsehockey Ive personally created all the jobs revenues GDP increases and exports and imports since 1953 with my conception of the top 20000 inventions of all time. There is no jobs that are not directly associated to my IP conception except those created by my grandfathers before 1953.

  29. 74

    As the inventor of all sciences and the top 20000 inventions I can tell you they do advance sciences but there not recognizing conception as the basis for awarding or funding so the great advances have stoped since 2004 and now all we have is trash invention that wont create jobs revenues or exports

  30. 73

    The patent dashboard gives 2.52 actions per disposal, so 4.3 disposals/examiner/month gives ~11 office actions/examiner/month. I am a GS-11 examiner and push out 13-15 office actions a month to maintain production, so that sounds quite low to me. Possible explaination – lots of new examiners (~2,000 hired within the last year or so) with very low production and GS levels.

  31. 72

    Whew, good to know

    If speaking English causes heart disease, you’ll be with us for a long time. Not that you were at risk for ailments of the heart to begin with.

  32. 70

    Cell phones cause cancer?

    You’re misreading the data. The evidence clearly and convincingly shows that cancer causes cell phones.

  33. 69

    Cell phones cause cancer? Not half as much as speaking English is the cause of heart disease. Just look how well that fits the data.

  34. 68

    You guys are not hitting on the main problems that need correction in reform that werent even considered to be adressed. True concievers are being cheated in 40 diferent methods and he wont recieve an economic reward for fileing the original intellectual property.He is expected to reveal his conception with no guarantee of compensation. Lack of money is the biggest cause of indegent inventors top marketable invention abandonments and it needs to stop

  35. 67

    “…but then I thought maybe it was just me being able to read claims better etc…”

    Thanks for the laugh.

  36. 66

    You’re most welcome. From “Preacher” Guttag (and thank you for the nice moniker you gave me!)

  37. 64

    kicked up dust for years…

    LOL – nice mischaracterization there Malcolm.

    all the while denying it…

    LOL – another mischaracterization

    You are on a roll !

  38. 63

    It’s a shame there is so much dust-kicking

    Says the troll who kicked up dust for years under scores of pseudonyms, posting primarily dozens of personal insults, day in and day out, all the while denying it and accusing others of doing the same.

    Really profound, heartfelt stuff there, anon.

  39. 62

    Where else would you expect to find a patent system, if not in an innovative country?

    lol – logic test (that those who enage in the c_rrp-by’s especially fail).

  40. 61

    …or not.

    But at least you wouldn’t be making wild claims as to how great that ‘Nascar system’ really is.

  41. 60

    here is a petition to have congresscritters wear their corporate logos

    If it was such a good idea, you’d be able to show us another democracy that has already implemented it.

  42. 59

    Why is it IANAE that German, Japan, Korea, and the U.S.A. are the three most innovative countries and have very strong patent systems?

    I don’t know, but I hope the other three countries manage to teach their people to count past three.

    Where else would you expect to find a patent system, if not in an innovative country? You probably find the most sporting facilities in the most athletic countries too. And how come you find the most cell phones in places where the most people have cancer? Pretty clear and convincing evidence, don’t you think?

  43. 57

    NWPA,

    IANAE is just having a little sport. I am sure that if he knew of a single modern advanced country that has chucked IP law, he would have proudly flown that flag.

  44. 56

    “Another possibility I can think of is change in applicant culture. My experience has been that Chinese applicants are less likely to file a RCE and they seem to be generally more willing to accept what I suggest as allowable subject matter compared to US firms/applicants. ”

    I have to admit that other than the language difficulties the Chinese are like a dream to work with. Probably because they’re used to be jack-heeled by their government so when they come over here to do business they more or less have the same attitude towards our government as they do one that they live in relative fear of.

  45. 55

    “My experience, however, has definitely been that over the past few years (since the RCE changes went into effect, coincidence or not) I’ve generally seen narrower original claims, better (i.e. narrowing) amendments, and fewer RCEs.”

    And not only that, but I’ve seen what I would refer to as the “rise of the psuedo-Jepson” where they draft a claim like normal and append a wherein at the end for what they think is new and it sticks out rather prominently. Of course this used to be used somewhat, but now it’s like every other application (at least) that I see drafted in this form. And when you draft in this format it makes hitting the claim with art or allowing a good bit easier.

  46. 54

    “My gut reaction as a patent examiner is that when the changes to how RCE’s are placed on the examiner’s docket were made, attorneys started writing the original claims better (narrower and less ambiguous) and treating first and second office actions more seriously to avoid having to file an RCE”

    I may have mentioned it on here before but that was actually my reaction initially too, but then I thought maybe it was just me being able to read claims better etc. through experience and what have you. But yeah my allowance rate is like sky high pre-RCE. On the other hand, people like my neighbor have 40+ RCE’s sitting on his docket just waiting for what I presume to be years. So I’m guessing people do fear that.

  47. 53

    Why is it IANAE that German, Japan, Korea, and the U.S.A. are the three most innovative countries and have very strong patent systems?

    Why is China creating a strong patent system?

    You deny clear and convincing evidence from around the world.

  48. 52

    Everyday,

    Yes, that Soviet Russia (as inefficient as it is and was) implemented a patent system (or at least some system to encourage invention and innovation) after not having one for 5 years proves my point. Also, whether or not the “state controls the means of production” misses my point as well: “altruism” doesn’t work to encourage invention and innovation by the individual, no matter what governmental system you’re talking about.

  49. 51

    I love asking because it is a very simple question that cuts through all their malarky.

    Until they can provide an answer, their posts are meaningless g@rb@ge.

  50. 50

    In addition to what I posted above, another factor to consider might be the dropping of the “second pair of eyes” policy. I don’t remember when that policy started or when it was dropped, but I do remember that it was getting pretty ridiculous sometimes trying to get something allowed past an obstinate “second pair of eyes.” Getting multiple people to agree on what was obvious and what was not was a frustrating thing and that policy taught examiners to reject when in doubt so as to avoid having to deal with the second guessing of the “second pair of eyes.” That kind of “training” of the examiner takes time to unlearn.

  51. 49

    My gut reaction as a patent examiner is that when the changes to how RCE’s are placed on the examiner’s docket were made, attorneys started writing the original claims better (narrower and less ambiguous) and treating first and second office actions more seriously to avoid having to file an RCE. As a result, allowance rate has gone up. RCE’s used to be treated within 2 months of filing the RCE. Now, only the oldest RCE has to be done in a given biweek, so RCE’s can remain on the docket much longer now if the examiner has many RCEs. I have no evidence of what I am suggesting except my own personal anecdotal experience. I have no way of proving causation.

    My experience, however, has definitely been that over the past few years (since the RCE changes went into effect, coincidence or not) I’ve generally seen narrower original claims, better (i.e. narrowing) amendments, and fewer RCEs.

    Another possibility I can think of is change in applicant culture. My experience has been that Chinese applicants are less likely to file a RCE and they seem to be generally more willing to accept what I suggest as allowable subject matter compared to US firms/applicants. The number of Chinese applications has increased over the past few years (in my art anyway). I don’t think this would account for all the changes shown in the graph though.

  52. 48

    @anon: don’t waste your time asking, the patent deniers can’t do it. They can’t show objective facts to show what they believe.

  53. 47

    There should be a global patent office – the United Nations should spearhead and lead this project to standardize patent law for the entire global economy including every country on earth. There should also be criminal penalties for patent infringement (i.e., serious jail time for guilty infringers). Patent terms should also be made longer, just like copyright. Why these things haven’t been done yet are beyond comprehension – it’s common sense. Just imagine: the global economy would explode like a massive supernova – massively increased technological innovation, job growth and economic productivity and wealth creation.

  54. 46

    I don’t know about “his position.”

    I do know that the c_rrp-by posters STILL have yet to provide me even a single example of a modern advanced country that has seen the light of their dogma and chucked all IP laws.

    How am I to be convinced when not even a single example can be shown?

    What’s up with that?

  55. 45

    Perhaps that’s a feature and not a bug.

    The reason why there is virtually zero penguin infestation is because we enforce those patents on deep fryers.

    đŸ˜‰

  56. 43

    patent rights are property rights and are also constitutional rights – READ THE U.S. CONSTITUTION.

    LOL

    A well-functioning economy being necessary to the security of a free state, whatever rights are granted to people by the Patent and Trademark Office from time to time shall not be infringed.

    Modern economies cannot function without patents – economies would crash and would cease to be productive (e.g., no new product development) without patents.

    And your proof is that patent laws are still on the books and haven’t killed us all yet. Very convincing.

  57. 42

    @IANAE: Of course patents work – patent rights are property rights and are also constitutional rights – READ THE U.S. CONSTITUTION.

    Modern economies cannot function without patents – economies would crash and would cease to be productive (e.g., no new product development) without patents. Only ignorant people and communists believe that patents do not work. It’s common sense that patents increase innovation, job growth and economic prosperity.

  58. 41

    If patents didn’t work, modern advanced industrial societies would just abolish their IP legal systems.

    Is it your position that all of our current laws are still on the books because they work so well?

  59. 40

    Fried penguin meat is tasty.

    That’s not incentive enough, apparently. Look at America, where we enforce patents on deep fryers, and there’s virtually zero penguin infestation.

  60. 39

    As anon said: “C’mon – give me just one modern advanced society that has seen the light and chucked all IP law.”

    If patents didn’t work, modern advanced industrial societies would just abolish their IP legal systems.

  61. 38

    The data is disposals per time – not time per disposal.

    It’s a shame there’s no way to get from one to the other.

  62. 36

    You’re seriously holding up Soviet Russia as proof that IP works?

    You’re serioously holding up… well, nothing at all to prove your point?

    C’mon – give me just one modern advanced society that has seen the light and chucked all IP law.

    Just one.

    Please.

    Pretty please.

    (why are you so quiet?)

  63. 35

    Ah so! With that response I think I see the arrival of Wiki’s “true Scotsman”. This site is much more entertaining since your arrival Lovah. Do keep up the good work, please. I’m curious you see. Can you give an example, just one, of the “properly managed” IP system that we need for increasing our prosperity?

  64. 33

    It’s even more sad that you misunderstand what the discussion is about, ttf. Being smarmy is one thing. Being smarmy and wrong is just no way to go through life, son.

    The data is disposals per time – not time per disposal.

  65. 32

    @MD: Of course, I’m assuming their patent system is managed properly (i.e., enforcement, reasonably competent examination and claim drafting, validity, etc., including patent app. filings) – A properly managed IP legal system increases tech innovation, job growth and economic prosperity.

  66. 31

    Great suggestion, Lovah. As the continent is so big, and as transport communications within it are so poor, I take it you would recommend to the people of Antarctica that they should write in particular a “First to Invent” patent law, if they really are serious about promoting their progress and increasing their wealth and general welfare.

    By the way, what patent law do they have in the populous and mega-wealthy Gulf States. None, as far as I know. Think how incalculably more wealthy they would have been by now, if only they had invested in a proper patent system.

  67. 30

    I agree with EG: Without the legal protection of patents, people will NOT be incentivized to innovate, invest capital and commercialize new products – there is just technological, economic and cultural stagnation. The ancient Romans and Greeks did not have patents, so they never innovated technologically, developed and commercialized new products, and prospered economically. It’s common sense that inventors need the incentivization of patents to be willing to spend the time and resources to develop new products.

  68. 28

    Since they don’t have patents, they can’t innovate and make money – people generally don’t like that, so they don’t want to live there apparently.

    It does seem to have had a chilling effect.

  69. 27

    …and what if all those filings in China are of subject matter copied from the West. In your philosophy, Lovah, does validity and enforcement matter, or is it just filing numbers that count?

    In particular, what difference does claim validity make, to the question whether a party in China is ever found to be infringing a patent claim?

    Is the economy of China going to explode or not? Does it all come down to how China’s PTO is run?

  70. 26

    Antarctica does have some people (and penguins and seals) – they just don’t have a Patent Office. Since they don’t have patents, they can’t innovate and make money – people generally don’t like that, so they don’t want to live there apparently. To increase the human population of Antarctica, they should consider getting a patent office there – it would work wonders for their economy for sure I bet.

    link to en.wikipedia.org

  71. 25

    LB, you are absolutely correct that anon is incorrect. If one is to compare time spent by applicants vs. time spent by the office, one needs to compare the amount of time spent by each party per disposal. Kind of sad that anon can’t even figure out rudimentary analysis.

  72. 24

    I agree with anon and EG – since no modern country ever abolished their IP laws, the patent law system clearly works to increase technological innovation, job growth and economic prosperity – it’s common sense and there is plenty of evidence from studies. Furthermore, there is NOT ONE example of a modern, first world, industrialized country that has abolished their IP legal system and thereby prospered economically. Since China has increased patenting, we should expect the Chinese economy to explode even more with technological innovation, job growth and economic prosperity. Clearly since the USSR didn’t have patents, they didn’t have any technological innovation. Patents = technological innovation + job growth + economic prosperity.

  73. 23

    You’re seriously holding up Soviet Russia as proof that IP works? In a communist system, the state controls the means of production, and inventors cannot easily start their own companies to produce their products like in a capitalist system. In the US, inventors already have a powerful incentive to innovate: making money. Patent rights are not necessary and just serve to pervert the system.

  74. 22

    Products to market…

    Nice, but not a strict necessity.

    Lets try to not feed the “but for” fallacy people.

  75. 21

    The more people the better, indeed. The more wealth the better. That too.

    Today, there are more new patent applications in China than anywhere else. I guess those filing there are all doing it to get the funding they need to bring their new products to market.

  76. 19

    Thank you Preacher Guttag,

    Those of us in the choir read you loud and clear.

    It’s just a wonder just how little credibility there is in those that spout the Abolish IP mantra. And yet, time and again the statements come and time and again a lack of even a single example sends those making the statements whimpering away.

  77. 18

    To be fair, the chart shows disposals per time period. Requiring more than one office action is completely immaterial.

    Well you’re half right. That’s something.

  78. 16

    anon,

    Here’s some major proof for your point: The Soviet Union tried the “altruism” experiment from about 1919 to 1924. And it failed so miserably that, by 1924, the Soviet Union adopted a patent system based on Germany’s.

    During my last term in college, I did an independent study on socialism and invention in the Soviet Union up through 1973, including analyzing their major patent laws of 1931 and 1941 when they introduced the Certificate of Authorship, also known as the Author’s Certificate, to try to encourage innovation by individuals with a system of bonuses; most of my data on Soviet patent statistics I got from P.J. Federico.

    Bottom line: Even the Soviets recognized that without any “reward” to inventors, you’ll get no “benefit” in terms of significant innovation.

  79. 15

    To be fair, the chart shows disposals per time period.

    Requiring more than one office action is completely immaterial.

    Why are you such an apologist for the office, Leopold?

  80. 13

    I agree with anon: If patent laws did not encourage innovation and therefore economic growth, societies would have obviously abolished their IP legal system – it’s common sense. Third world places like Somalia, North Korea, Cuba, Antarctica, etc. do not have patents, therefore, they don’t get technological innovation and therefore economic growth.

  81. 12

    Thanks.

    I certainly hope that the difference in the scale of effort between 4.3 office actions and 4.3 applications is appreciated by those who often champion the “office can do no wrong” mindset.

  82. 11

    A common fallacy…?

    LOL – It’s a common fallacy that the mantra you regurgitate has any meaning whatsoever.

    Perhaps you can join the (in)crowd in the search for a single example of a modern advanced society that has seen the light of your agenda and thrown out all IP laws.

    Just one such society may, just may, cause me to think that you are anything but a crackpot with an ideal and no common sense whatsoever.

    Thanks.

  83. 10

    @Not Jiggy: Increase in patents issued = increase in innovation – so there is a correlation between increased patenting with an increase in jobs, and economic growth (GDP, gross company revenue, etc.). Patents incentivize people to innovate – this is well known. Without patents, entrepreneurs cannot get funding for new product development – this is also well known – Ask any venture capitalist.

  84. 9

    There is no correlation between patents and jobs, GDP, the economy, etc. It’s a common fallacy relied upon in the intellectual property industry. There is also little evidence that patents further the constitutional objective of furthering science, but that’s another issue.

  85. 5

    Can someone plot patent allowances vs. technological innovation, job growth and wealth creation? The direct correlation of increases in patent issued and technological innovation would be clearly shown. I bet the curve would be exponential increasing. Maybe number of patents vs. GDP or gross revenue for select companies?

  86. 4

    Write “them.”

    No snark, but do you mean office actions, office action replies or applications?

    Given that quite a large percentage of office actions are largely fluff and boilerplate cut and paste paragraphs…

  87. 3

    Kappos testified last year that there were more than 6800, and that there were plans to make that 7700 or so within the year.

    So let’s say 7000+, for an average of 4.3 disposals per month per examiner.

    I don’t know whether that’s a good number or not. I know I can write them that quickly.

  88. 1

    That’s what happens when the commissioner has to come in and say “Quality does not equal reject.”

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